As was widely reported in the media yesterday, Energy and Environment Cabinet Secretary Len Peters, with the blessing of Gov. Steve Beshear, fired cabinet employee Carl Campbell, without explanation. Campbell was a 25-year cabinet employee, most recently serving as commissioner of the Department for Natural Resources within the cabinet, with responsibilities for surface mine reclamation and mine safety programs.

KFTC members knew Campbell pretty well, in part because of his long service in the cabinet mostly dealing with coal mining. But also because he met regularly with KFTC members, both in Frankfort and in the coalfields where residents deal daily with the consequences of coal mining. The next meeting was scheduled in two weeks, in Hazard.

Sometimes KFTC members butted heads with Campbell, but also found him to be one of more honorable and accountable persons in the cabinet. We had a good working relationship with him. He took the time to get to know our members, and he produced answers to their questions and results when he could.

Campbell's performance raises questions about why he was the one dismissed and not others within the cabinet. Bruce Scott is the commissioner of the Department for Environmental Protection, which includes divisions of air, water and enforcement. KFTC members have gotten to know him better lately, as it was his agencies that failed to properly monitor and catch thousands of admitted violations of the Clean Water Act by several coal companies over the last five years. One might think that would be reason to dismiss an employee.

But it gets worse. Scott and Peters then went on to try to shelter the coal companies from legal action by KFTC and allies, secretly negotiated a settlement agreement that ignored a judge’s order to include third-party intervenors, and have spent considerable cabinet resources to challenge the interests of coalfield residents to be a party to enforcement actions (losing at every level, so far). They let their views be known when they called the intervention of regular Kentuckians in the public actions of the cabinet an “unwarranted burden.”

It’s reasonable to expect that Steve Beshear may want some personnel changes in his second term. But it’s not a good sign that the cabinet employee open to meeting with coalfield residents on a regular basis and addressing their problems is the one now gone, and the ones who see the public as a nuisance and focus considerable resources defending polluters are still running the show.

Who Gov. Beshear and Len Peters name to replace Carl Campbell will be as telling as Campbell’s firing. There are names of some cabinet employees among the speculation whose appointment would represent the continued downward spiral of enforcement under the Beshear administration.

It should go without saying that the appointee should be committed to enforcing the law. Most cabinet employees are. But it’s disturbing that the two very public firings of cabinet officials (Ron Mills being the other, two years ago) were ones who seemed to have a strong sense of this duty.

A good replacement must be someone with an understanding of the role of environmental laws, and cabinet in enforcing those, to protect the health of all Kentuckians and safeguard our land, water and air. One must understand the cabinet as more than just a permitting agency, and know that including Kentuckians in the monitoring and enforcement of the law is a necessary part of doing a good job.

The Kentucky General Election three weeks ago marked the ending of six statewide races for public office.  Most people only paid much attention to the Governor's race, but many KFTC members were at least as interested in the Secretary of State's race

Secretary of State candidate Bill Johnson made his campaign about the issues - more-so than any other candidate running this year.

He was polling just a few points behind Alison Lundergan Grimes when he sharpened his campaign rhetoric around three primary policy planks:
- Preventing Kentuckians without homes from being able to vote.
- Instituting a mandatory photo ID requirement for voting, despite the fact that 10% or so of the voting population have no such IDs.
- Keeping former felons from being able to vote.

Kentuckians For The Commonwealth has spent the last 7 years building a campaign around voting rights and a lot of our members increasingly began to speak out against Johnson's plans.

Seeing this threat to our Democracy, the New Power PAC launched a campaign in the weeks leading up to the election that brought out the powerful stories of people Bill Johnson wanted to keep the right to vote from - people who were previously strangely absent from the dialogue.  With a strong web, mail, ground, and print media campaign, we were able to reach broadly and deeply across the state to connect with people on these vital issues and to let them know where Johnson stands.

On the night of the election, Johnson lost by 22 points, 17 points worse than polling weeks before suggested.

There are a lot of reasons for this massive shift and some of them have to do with Grimes' fundraising and skill as a candidate, but the influence of the New Power PAC was another factor.  The most important factor, though, seems to be that people just plain don't like the idea of taking the right to vote from homeless people or otherwise restricting access to voting.

These election results are a large public mandate against the photo ID voting legislation contemplated for next year's General Assembly and is also an indication of how Kentucky voters feel about proposed legislation to restore voting rights to former felons who have served their debt to society (House Bill 70).  It confirms earlier polling data from the UK Survey Research Center that suggests that Kentuckians strongly favor voting rights for former felons.

In short, Kentuckians seem to like to vote in favor of voting... and not against it. 

State legislators would do well to consider these facts when House Bill 70 again comes up for a vote in early 2012.

If there are three people in the state who have been the most active campaigners against broad voting rights in 2011, those people have been Bill Johnson, David Williams, and Damon Thayer.

The first two were dealt crushing defeats on election night by margins of greater than 20%.  The third is up for election next year. 

Starting on January 3rd, KFTC members will be in Frankfort talking to legislators and making the case for restoration of voting rights for former felons who have served their debt to society and will fight against proposed legislation to make our Democracy smaller.  Please plan on coming out to join us in the coming year. 

We're just completing the Central KY KFTC Fall Fundraising phone bank tonight, with half a dozen volunteers making calls or writing letters.

A few people worked from their homes and offices and others joined us at the Lexington KFTC office.  Together, we talked to tons of KFTC members, sent 52 personal follow-up letters, and had fun doing it. 

"This is actually my first time volunteering with KFTC.  I went to my first meeting just recently.  It felt pretty good." - Paul Brown

"Everyone I talked to on the phone was so nice.  The vast majority of them agreed to give another donation to KFTC and that was pretty great." - Saraya Brewer

There's one last Central KY KFTC phone bank tomorrow night (Wednesday) between 6pm and 9pm at the KFTC office (250 Plaza Dr, upstairs).  Come on out and volunteer with us if you can.

And if you can take a moment to make a special donation online to sustain our work, please click here.

Joining other chapters throughout the state, Scott County KFTC members have been calling our members to ask them to renew their memberships or make a special donation for our Fall Fundraising Campaign.  As of last week, we've managed to call through our chapter list, plus several other counties. 

Tomorrow night, a few Scott County KFTC members will be joining our allies at the Central KY Chapter to call part of their massive member list.  If you'd like to join us, we'll be at 250 Plaza Dr, Lexington, KY from 6pm to 9pm.

And if you'd like to donate to KFTC right now to help us in our campaign, you can quickly and easily donate online here.

In other Scott County KFTC news, we have a chapter meeting this Thursday at 7pm at the Georgetown Public Library.

Earlier this month, 19 KFTC members and friends came together to celebrate KFTC's 30th year of action for justice with a film showing, brainstorming session and birthday cake.

Members of all ages had a part of the fun and fellowship. The evening started with a viewing of KFTC's new film "I Was There: The First 30 Years of KFTC." Member J.P. Brantley said the movie was "like a revival meeting." Folks enjoyed pointing out each other in footage from I Love Mountains days and reflecting on the work and the stories of leaders from throughout the decades.

After the viewing, Lee Ann Paynter updated the group on KFTC's current statewide and local campaigns using a slideshow she had created, and opened up the discussion for what local issues members in the Boyle County area could begin to undertake. The brainstorming session was energetic and inspiring. Members shared stories of their work and history with KFTC, and developed ideas about future local work--from doing more outreach around economic justice and voting rights issues, to getting informed and taking action on nearby coal ash storage facilities, the becoming more involved in the local Human Rights Commission and a possible Fairness campaign.

The group topped off the evening with a locally baked birthday cake, and set plans for their next meeting. Several new members joined and the event raised more than $400 in donations and sales to support KFTC's work.

All KFTC members and any others interested are welcomed and encouraged to attend the next Boyle County KFTC meeting:

Monday, December 5, 2011, at 6:00 pm
Boyle County Public Library Community Room
307 West Broadway, Danville, KY

For more information about getting involved in Boyle or surrounding counties, contact KFTC member and New Power Leader Lee Ann Paynter at aperturienne [at] gmail [dot] com or KFTC Organizer Sara Pennington at sara@kftc.org or (606) 276-9933.

KFTC members shared an analysis of Kentucky's tax structure and solutions to the unfairness and inadequacy built into the current system with members of Occupy Louisville on Friday afternoon.

Shekinah Lavalle, Linda Stettenbenz and Nick Clark presented at an Occupy Louisville teach-in.

Shekinah Lavalle, Nick Clark and Linda Stettenbenz – Jefferson County members of KFTC's Economic Justice Work Team – talked about the types of taxes used to support public programs and services, and how they affect people of different income levels.

They led one exercise in which participants named government programs and policies that have helped, or hurt, employment opportunities and wealth equality or disparity. After World War II, programs such as the GI Bill, a commitment to build an interstate highway system, and the strength of unions helped fuel the economy and move all income groups forward.

However, since 1979 a different set of policies – such as tax policies that favor corporations and the wealthy, union busting and deregulation – led to the stagnation of income growth for working families while accelerating wealth growth for upper-income folks.

Occupy participants Carol Smith and John Miller shared information on The Return to Prudent Banking Act, a Congressional effort to restore major provisions of the Glass-Steagall Act that were repealed in 1999. 

The Glass-Steagall Act, also known as the Banking Act of 1933, was passed by Congress to prohibit commercial banks from engaging in investment speculation, according to information found at glass-steagallnow.com/. The removal of these controls had a lot to do with the collapse of banks and the economic crisis of 2008.

The question of whether Laurel Mountain Resources should be allowed to mine on Wilson Creek in Floyd County without restrictions to protect the community was argued Friday before a three-judge panel of the Kentucky Court of Appeals.

The legal issue boiled down to whether the Kentucky Energy and Environment Cabinet Secretary overstepped his authority in ordering that any future mining on the land in question meet certain conditions.

The conditions were part of a February 2009 order, signed by Cabinet Secretary Len Peters, that denied a petition by Wilson Creek residents to declare 2,000 acres of their watershed as "unsuitable for mining."

Alex May, representing the fifth generation of his family from Wilson Creek, talks to Associated Press reporter Dylan Lovan after Friday's appeals court hearing.

However, the order did impose some conditions on any future surface mining on that land. Those conditions are:

• The company cannot not use the one-lane Wilson Creek Road as its coal haul road;
• Mined land has to be returned to its approximate original contour (this is already required by law but state officials routinely grant variances);
• Trees have to be planted on the reclaimed land; and
• Primary and secondary sediment control systems must be used to prevent flooding and control pollution.

Laurel Mountain Resources attorney W. Blaine Early III argued that state and federal laws related to "lands unsuitable" designations only allow the secretary to approve or deny such a petition, and not impose conditions if the petition is denied.

By doing so, Early argued, Peters violated state law which prohibits the cabinet from applying any standards more stringent than federal law.

However, Early acknowledged that the conditions do not prevent mining, and the cabinet could apply the same conditions in the permitting process, just not in response to a "lands unsuitable for mining" petition.

A "place by place" consideration of the impacts of mining would be more appropriate rather than one applied universally to all 2,000 acres, he said.

Attorneys S. Bradford Smock and Steve Sanders took a different view.

"If he [Peters] chooses not to designate, he can still impose conditions," said Smock, who was representing the cabinet. "The conditions are something he's always been able to do under both federal and state law."

Judge John Lambert questioned why the cabinet would not choose to apply conditions through the permitting process.

The lands unsuitable process is designed "to see the whole picture … and not meant to be a place-by-place designation," Smock replied.

Sanders pointed out that "there is substantial evidence that supports the conditions," in Peters' order. He noted that Wilson is already designated as an "impaired stream" by the Kentucky Division of Water, and that the hillsides already are prone to land slides.

Sanders was representing Wilson Creek resident Bev May and KFTC, parties to the original petition and defendants in a lawsuit brought by Miller Brothers mining, the company that originally applied for the strip mining permit. Miller Brothers' operations have since been taken over by Laurel Mountain Resources, a subsidiary of Richmond, Virginia-based James River Coal Company.

In September 2010, Franklin Circuit Judge Thomas Wingate upheld the cabinet's order. In the decision Judge Wingate wrote that "the court finds that there was substantial evidence to support the Secretary's determination that flooding could occur."

The mining plan included three valley fills, which would bury the headwaters of Wilson Creek and Big Fork.

Friday's hearing was an appeal of Wingate's ruling.

The judges did not indicate how soon they will rule on the case.

This week faculty from Union College, who attended our Annual Meeting back in August, hosted a screening of "I Was There: The first 30 years of KFTC" in the Union Student Center.  At least 30 people turned out, including students, faculty, and several from the off-campus community.  Local Know County members were especially excited to have a local KFTC event to attend and connect with others interested in our work.  Five folks became new members and we raised almost $40!  The group hopes to keep meeting after the new year/ semester and perhaps mobilize a Knox County/ Union College contingent to Frankfort on February 14th for I LOVE MOUNTAINS DAY 2012!  Thanks to all who came out and made the night such a great time! 

 This week the Perry County Chapter used their meeting time for a Fall Fundraising phonebank training, planning the upcoming yearend chapter celebration (with music, food, and a film!), and "Adding Our Voice" to the KY Deserves Better tumblr page (see a couple pics below and go add your own!).

For the chapter celebration we are planning for some great home cooked food, local pickin' and singin', and we're showing the short "I Was There" film in the new seated theater at Perry County's nice, new public library!  Everyone, near and far, is welcome to join us!  Bring a friend and a dish! 

December 20th, 6 pm 

Perry County Public Library

Adam Strobel Barr (pictured left, with wife Rae) first had the idea of putting solar panels on his farm when he learned that he would need to supply power to his farm’s pond to pump out irrigation to his crops.

“The first motivation for me getting this system is that it broke my heart to think about another power line running across the farm.”

And, electric costs are rising. The farm is served by Meade County Rural Electric Cooperative, which just saw a 30% increase in rates this year. With the help of grants from both the state and the county, Adam, his father and uncle installed a solar-powered irrigation pump on their family farm – Barr Farms - earlier this fall.

While these are the first solar panels they have installed on the farm, Adam and his wife, Rae Strobel Barr are no strangers to sustainable practices. They work hard to build healthy soil and reduce the farm’s carbon footprint by using small machinery and draft horses when possible. And, they use these practices as a marketing advantage when selling farm products, which include beef, chicken, eggs and vegetables, to a largely urban, environmentally-sensitive consumer base.

Adam was excited to show off the solar pump (pictured above) to his neighbors at the house party he hosted on November 13th, to benefit Kentuckians For The Commonwealth and Community Farm Alliance.

“I know that the sun is the greatest source of energy we have available to us,” he told 20 guests as they peeked inside the pump to see how it works. “Growing plants is the most efficient way to harness the sun’s energy and we just don’t yet know how to harness it well for other uses, but we’re getting there and I wanted to try this out – to know, does it work? Will it last?”

The pump should last for 20-30 years with minimum repairs and pump 3000 gallons per day even with some cloudy days mixed in, Strobel Barr said. It cost $7000, $1700 of which was supplied from money available for on-farm clean energy projects through the Governor’s Office of Agricultural Policy and $2500 of which came from the Meade County Agriculture Investment Program.

“When I was in Finland travelling, I noticed that everyone had solar panels – they were everywhere, powering part of all the electricity use you could see,” said Brandenburg resident Beverly Furnival.  She wondered why we don’t have more of these in Kentucky.

Guests also learned about how the geo-thermal heating and cooling system works at Adam’s father’s house, which is located on the farm.

The system’s installer – Chuck Dever of Dever Enterprises in Elizabethtown, KY (pictured right) – told guests that geo-thermal systems are both efficient and have a quick payback. When replacing propane or heating oil the payback time is as little as 4-5 years.

Dever installs the systems in homes of all kinds, including homes as small as 1000 square feet, noting that the average system costs about 1 to 1.5 cents per square foot. He said that through word of mouth Kentuckians are starting to catch on about what an economic bargain it is to heat and cool through geo-thermal.

“I put in the first geothermal system in Hardin County. That was more than 22 years ago. And now, business is booming. It had been increasing and then the federal tax credit really helped it to grow.”
At the end of the party, Adam and Rae asked guests to join KFTC and CFA and then facilitated a discussion about what issues people care about locally. Folks mentioned interest in garnering support for the Meade County farmer’s market and getting more farm-fresh food in area schools.

The group also discussed how advocating for state energy policies that support the growth of renewable energy, such as the Clean Energy Opportunity Act, could make the clean energy systems on Barr Farms more widespread. This bill is supported by both KFTC and CFA through their partnership in the Kentucky Sustainable Energy Alliance.

“But what’s the grand vision? What can we do to change the world, to change our situation?” asked guest Roger Furnival.

“We want to use this conversation as a starting point for talking about sustainable energy in rural Kentucky…I believe everyone changes through a conversation, just like the one we are having tonight. It’s about citizen politics – regular people using their voices,” Adam replied.

Rae highlighted why she and Adam wanted to host a friend-raiser for KFTC and CFA.  She noted that they are interested both in building community in Meade County and connecting these local issues to the larger movements effected by KFTC and CFA’s work.

“Both organizations have been transformative for us because through them, we can have a voice in changing things we care about.”

If you live in Meade or Breckenridge counties and are interested in joining this local conversation, contact nancy@kftc.org.